scholarly journals Research on the Right of Innocent Passage in the Territorial Waters

2021 ◽  
Author(s):  
Shihao Yang ◽  
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal System ◽  
Historical Analysis ◽  
Current Position ◽  
Depth Analysis ◽  
The Right

This article takes the relevant legal system of innocent passage in the territorial waters in international law as the research object, combines the knowledge of jurisprudence, comprehensively uses comparative analysis, historical analysis, and law hermeneutics. Based on an in-depth analysis of the innocent passage system, the relevant practices and positions of various countries about the innocent passage system in territorial waters are summarized, and various issues such as whether innocent passage system in territorial waters is applicable to the warships are discussed. And analyzes China’s current position and practice on innocent passage system, and then put forward suggestions for improvement.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

scholarly journals Indigenous “People” in the context of the Right to Self Determination: A Critical Appraisal

2021 ◽  
Vol 13 (3) ◽  
Author(s):  
Mitul Dutta ◽  
◽  
Navin Sinha ◽  
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Critical Appraisal ◽  
Self Determination ◽  
Controversial Issues ◽  
Human Rights Regime ◽  
Depth Analysis ◽  
The Right ◽  
International Instruments ◽  
Right Of Self Determination

Under the international human rights regime, the right to self-determination is a right guaranteed to the groups of “people”. This right is one of the most controversial issues of international law as it comes into conflict with the principle of sovereignty and territorial integrity of the states. There are various uncertainties associated with this right regarding the scope of the right and mode of implementation etc. The present article seeks to make an in-depth analysis of the claimants of the right and the uncertainties associated with the meaning of the term “people” in the context of the right to self-determination. The article encompasses, among other things, the right of indigenous people under various international instruments and how they interrelate to the right of self-determination.

On prisoners, family life and collective punishment: The Namnam case

2021 ◽  
pp. 1-20
Author(s):  
Yaël Ronen
Keyword(s):  
International Law ◽  
Family Life ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Depth Analysis ◽  
The Supreme Court ◽  
West Bank And Gaza ◽  
The Right ◽  
Israeli Soldiers ◽  
Collective Punishment

Abstract This article examines the 2019 decision by the Supreme Court of Israel (the Court) in the Namnam case, upholding a ban on family visits to Gaza prisoners incarcerated in Israel and affiliated with Hamas.1 This ban was adopted as part of Israel's attempt to pressure Hamas into an exchange of Palestinian detainees and prisoners against missing Israeli civilians and the bodies of Israeli soldiers, apparently being held by Hamas in Gaza. The Court examined the measure primarily in light of Israeli administrative law, and held that it had no grounds to intervene. It held that an analysis under international law would have yielded the same result. This article examines the decision of the Court in light of the applicable international law. It considers the Court's decision in terms of the permissible restrictions on the right to family life and draws on the Court's reasoning for an in-depth analysis of various unarticulated aspects of the prohibition on collective punishment. The article concludes that an international human rights law analysis might have led to a different outcome, and that had the Court applied the prohibition on collective punishment properly, it would have had to declare the measure unlawful. The article then places the decision in the broader context of the Court's engagement with international law in disputes relating to Palestinians residing in the West Bank and Gaza.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

The Interface Between National and International Law in Africa: Nigeria and Kenya in Comparative Perspective

2021 ◽  
Vol 2021 (1) ◽  
pp. 41-66
Author(s):  
Sylvanus Gbendazhi Barnabas ◽  
Donatus Onuora Okanyi
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Legal System ◽  
Constitutional Law ◽  
African State ◽  
National Level ◽  
Current Approach ◽  
Comparative Approach ◽  
Special Focus ◽  
African Countries

This paper examines the interface between national and international law in Africa, with a special focus on Nigeria and Kenya, by comparatively examining both states. The choice of Kenya as a comparator is because, like Nigeria, Kenya is anglophone. Kenya has embarked on fairly recent constitutional reforms in relation to the position of international law in its legal system. The choice of Nigeria is because as an Anglophone African state, it represents the traditional attitude towards international law practised in Anglophone Africa. The purpose of the comparative analysis is to investigate whether there are lessons that Nigeria and other Anglophone African states may glean from Kenya’s constitutional law reforms. In addition to the comparative approach, the methodology is also doctrinal. It will be suggested that Anglophone African countries like Nigeria should adopt the current approach that Kenya has adopted towards engaging with international law at its national level.

Identity Crisis and the Pseudo-Minorities in Bangladesh: Is the Right to Cultural Identity the Answer?

2021 ◽  
pp. 1-32
Author(s):  
Arpeeta Shams Mizan
Keyword(s):  
Cultural Identity ◽  
International Law ◽  
Historical Analysis ◽  
Identity Crisis ◽  
The State ◽  
Formal Equality ◽  
Identity Markers ◽  
Majority Groups ◽  
The Right ◽  
Legal Mechanism

Abstract This article studies the process of minoritising members of majority groups through the use of narrow identity markers in heterogeneous countries like Bangladesh. Through historical analysis of the State’s influence on people's sense of cultural identity, it argues that when a group does not identify with State-imposed identity markers, they are alienated by the State and reduced to pseudo-minorities. Pseudo-minorities are groups of individuals who do not satisfy objective elements of minority identity, yet are discriminated against by the State in a minority-like manner. These individuals identify themselves as a group, and while they have formal equality, they lack de facto equality. These pseudo-minorities have no precise legal mechanism to redress such discrimination either under domestic or international law. The emerging right to cultural identity can become a tool to protect these groups.

scholarly journals The idea of the right of resistance to oppression in the Eastern political, legal and religious thought

2021 ◽  
Vol 21 (1) ◽  
pp. 106-114
Author(s):  
Nikita D. Strogov ◽  
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
Historical Analysis ◽  
Developed Countries ◽  
Religious Thought ◽  
African Countries ◽  
Self Sufficiency ◽  
The Right ◽  
Right Of Resistance ◽  
Protest Activity

Introduction. The triumph of liberal democracy in developed countries did not reduce the protest activity of citizens, revolutions and uprisings are still a phenomenon of modern time. The issue of the essence and mechanism of exercising the right of resistance (right of rebellion, right of revolution, iusresistendi) is becoming relevant, which also requires a historical analysis of Eastern political, legal and religious thought. Theoretical analysis. The author found out that the doctrine of the right of resistance is not the concept developed exclusively by Western lawyers and philosophers. Representatives of Chinese philosophical and Islamic religious thought made a significant contribution to the development of the idea of iusresistendi. The author concludes that there is no significant contribution of legal scholars from African countries in defining the essence of the right of resistance. Еmpirical analysis. The author conducted a comparative analysis of the teachings and legislation of several countries, which allows to solve the issue of the possibility of recognising criteria for legitimizing forms of resistance to oppression and the mechanism for their exisicing by acts and international documents in the future. Results. The idea of the right to resist oppression is fully reflected in Eastern political, legal and religious thought, which means its independence and self-sufficiency. The author revealed the essence of this right formulated by philosophers, jurists and authors of international law documents, the criteria for legitimizing resistance.

scholarly journals Comparative Analysis of High Availability Solutions

2019 ◽  
Vol 12 ◽  
pp. 240-245
Author(s):  
Michał Sylwester Borsewicz ◽  
Daniel Bieniek
Keyword(s):  
Comparative Analysis ◽  
High Availability ◽  
Performance Tests ◽  
It Infrastructure ◽  
Depth Analysis ◽  
The Right

The aim of the thesis was to perform a comparative analysis of selected high availability solutions. The issue of choosing the right HA solutions is an indispensable part of any company that uses IT infrastructure. As the most commonly used solutions are the virtualization solutions of Microsoft: Hyper-V and VMWare: vSphere, they have been subjected to in-depth analysis. For this purpose, we have performed performance tests of guest systems on the above hypervisors and we tested the behavior of the cluster in the event of failure of one of the hosts.

Domestic Manifestations of International Law's Right to Water: A Comparative Analysis of Emerging Rights Obligations in Finland and South Africa

2017 ◽  
Vol 25 (2) ◽  
pp. 261-292
Author(s):  
Antti Belinskij ◽  
Louis J. Kotzé ◽  
Oliver Fuo
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
International Law ◽  
Socioeconomic Development ◽  
Legal Regimes ◽  
The Right ◽  
Domestic Level

Against the backdrop of the content and specific obligations arising from the right to water in international law, this article compares how the legal regimes in Finland and South Africa protect the right to water. The discussion shows that both countries provide two extensive and very different constitutional frameworks to regulate the right to water. Variances in approach at the domestic level is attributed to differences in legal cultures, hydrological circumstances and stages of socioeconomic development. It is argued that diverse development challenges may justify the need for different legislative and other measures to realise the right to water at the domestic level.

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